Translated by billwilliam; Reviewer: Wencheng
On September 2, Carrie Lam revoked the appointment of James Spigelman, a non-tenured foreign judge in the HK Court of Final Appeal. His appointment ended two years earlier than the contract. In a response to Stand News, the Chief Executive’s Office pointed out that Spigelman handed in his resignation on September 2, so the Chief Executive revoked his appointment in pursuant of regulations. Judge Spigelman didn’t mention the reason of his resignation.
The HK Court of Final Appeal has four local non-tenured judges and 14 foreign non-tenured judges, Spigelman included. Among them, four judges including Spigelman are from Australia. All of these foreign non-tenured judges are from other areas adopting the Common Law.
After Carrie Lam and Secretary of Education Yeung Yun-hung commented that HK didn’t have the Separation of Powers in early September, the CCP’s mouthpiece Takungpao and Wenweipo launched propaganda assault against the judicial system, judges, and the Legal Dept. Takungpao and Wenweipo interviewed former tenured judge Lie Xianlun to criticize that “the Court hindered the Chief Executive’s policies” and to claim that “the Separation of Powers doesn’t exist in Hongkong.” Wenweipo also reported the comments by three HK People’s Congress Representatives denouncing the Separation of Powers. The political attack has been going on for a week.
Obviously, the CCP mouthpieces wanted to send the message that “the Judicial branch must obey the Executive branch’s orders, including those from CCP Central leadership.” They even spread the propaganda that HK shouldn’t have foreign judges. Their ultimate goal is to revoke Judicial Review in the Western Common Law, because Judicial Review is a check-and-balance mechanism in the Separation of Powers.
The CCP tolerates no questioning of or challenges to its power. In the two months after the National Security Law was passed on July 1, the Carrie Lam government worked hard to copy mainland China’s totalitarian judicial system. Hongkong, an Eastern pearl of freedom, was turned into a “police city.”